Commonwealth v. Lippencourt

An en banc panel of the Pennsylvania Superior Court reversed the defendant’s designation as a Sexually Violent Predator (SVP). On February 11, 2020, the trial court filed an order designating the defendant as an SVP according to the factors listed in Megan’s Law II. However, at the time, the applicable sexual offender registration law was specified in Subchapter I of Act 29. The defendant appealed, and the Superior Court reversed. The Court ruled Subchapter I of Act 29, not Megan’s Law II, applied to the defendant. “Although the assessment provisions of Megan’s Law II and Subchapter I of Act 29 are practically identical,” the Court found that “a remand was necessary to ensure the proper application of SORNA.”

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